Legal Information
TERMS OF USE AGREEMENT
This site is owned or managed by Bicoastal Media (“Bicoastal”) and is part of the Bicoastal family of companies, including broadcast and internet radio stations, and television stations, (each a “Bicoastal Website,” and collectively the “Bicoastal Websites”). Bicoastal provides this Bicoastal Website and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this Bicoastal Website. Your use of this Bicoastal Website constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this Bicoastal Website. This Agreement sets forth Bicoastal’s policies with respect to its operation of the Bicoastal Websites. Other policies govern Bicoastal’s non-Internet operations. Certain products or services offered by this and/or other Bicoastal websites (each a “Bicoastal Internet Service,” and collectively “Bicoastal Internet Services”), and certain areas within this and/or other Bicoastal Websites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or Bicoastal Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU
Some parts of this Bicoastal website may contain adult content intended
for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Bicoastal Website content.
Changes to this Agreement
This Agreement is effective as of
Privacy and Protection of Personal Information - Bicoastal has developed a Privacy Statement in order to inform you of its practices with respect to the collection, use, and disclosure of personal information. You can find this Statement by clicking here.
Accounts, Security, Passwords - If a particular Bicoastal Website or Bicoastal Internet Service requires you to open an account, you must complete the specified registration process by providing us with current, complete, and accurate information as requested by the applicable online registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data and any loss caused by your failure to do so is your responsibility. After you have fully completed the registration form, you may be asked to choose a password and a user name. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bicoastal immediately of any unauthorized use of your account. Bicoastal is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may cancel your account by delivering notice in the manner provided in the Additional Terms governing the particular Bicoastal Internet Service.
Fees
Except where otherwise provided, access to and use of this Bicoastal Website and the Bicoastal Internet Services offered through this site are currently available without charge. Bicoastal reserves the right to charge a fee for access to or use of this Bicoastal Website, or any Bicoastal Internet Service available on this Bicoastal Website at any time in the future. Your access to or use of this Bicoastal Website before such time does not entitle you to use of this Bicoastal Website without charge in the future.
Disclaimer of Warranties
YOUR USE OF,
Links
This Bicoastal Website may contain links to websites operated by third parties. Bicoastal does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. If you choose to access any third party site, you do so at your own risk. The presence of a link to a third-party site does not constitute or imply Bicoastal's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site. Software And Downloads Available Through This Website Any software that is made available to view and/ or download in connection with a Bicoastal Internet Service ("Software"), including
podcasts, audio streaming, or video streaming, is owned or controlled by Bicoastal and/or licensors, affiliates and suppliers and is protected by copyright laws and international treaty provisions. Your use of the Software is limited to private, non-commercial use and is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. Bicoastal accepts no
responsibility or liability in connection with any Software owned or controlled by third parties.
Third-Party Merchants
This Bicoastal Website may enable you to order and receive products, information and services from businesses that are not owned or operated by Bicoastal. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. Bicoastal does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services. Bicoastal will not be a party to or in any way
responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Bicoastal Internet Service.
Modification/Termination by Bicoastal
Bicoastal reserves the right, in its sole discretion, to modify, suspend, or terminate this Bicoastal Website and/or any portion thereof, including any Bicoastal Internet Service, and/or your account, password, or use of any Bicoastal Internet Service, or any portion
thereof, at any time for any reason with or without notice to you.
Termination of your account for a Bicoastal Internet Service removes your authorization to use the Bicoastal Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally,
Bicoastal shall not be liable to you or any third-party for any termination of your access to a Bicoastal Internet Service. Interactive Services
This Bicoastal Website may offer certain Bicoastal Internet Services having interactive components such as bulletin boards, chat rooms, blogs, and forums (collectively "Bicoastal Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available and can be found here.
Subscription Services
This Bicoastal Website may offer certain Bicoastal Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "Bicoastal Subscription Services"). By registering for a Bicoastal Subscription Service, you will be subject to any charges and rules set forth in the description of that service
Premium Services
Some Bicoastal Internet Services on this Bicoastal Website, including certain Bicoastal Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee (“Bicoastal Premium Service”). By using the Bicoastal Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service. A copy of the Premium Service Additional Terms can be found here.
Contests/Sweepstakes
For Additional Terms applying to all contests or sweepstakes conducted by this Bicoastal Website, refer to this site's contest or sweepstakes information.
Limitations on Liability
In no event shall Bicoastal, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the Bicoastal Website and its contents, be liable to any person or entity
whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to: (i) loss of goodwill, profits, business interruption, data or other intangible losses; (ii) your inability to
use, unauthorized use of, performance or non-performance of the Bicoastal Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Bicoastal Website or any information, software, products, services, and related graphics obtained through the Bicoastal Website; (vi) any transactions entered into through this Bicoastal Website; (vii) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this Bicoastal Website or any site to which it
provides hyperlinks; or (viii) damages otherwise arising out of the use of the Bicoastal Website and Bicoastal Internet Services. The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or
otherwise, even if Bicoastal has been advised of the possibility of damages.
Indemnification
You agree to indemnify, defend, and hold harmless Bicoastal, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without
limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, the Additional Terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this Bicoastal Website and any related Bicoastal Internet Service and/or software. Bicoastal reserves the right to take exclusive control
and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Bicoastal in asserting any available defenses.
International Use/U.S. Export Controls
Accessing materials on this Bicoastal Website by certain persons in certain countries may not be lawful, and Bicoastal makes no representation that materials on this Bicoastal Website are appropriate or available for use in locations outside the
you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
The
States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By
using and/or downloading any such materials from a Bicoastal Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited.
PRIVACY STATEMENT
This statement informs you of Bicoastal's practices with respect to the online collection, use, and disclosure of personal information from this Bicoastal Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our site by providing you with information that suits your interests.
Bicoastal is the owner of this website and retains all ownership rights to the information collected at this site. Bicoastal reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
Personalization
Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services
provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the
special service.
We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about Bicoastal and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to
inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the Bicoastal family in order to enhance your experiences with Bicoastal. In addition, we may share this information with advertisers or other third parties that are not part of the Bicoastal family on an aggregate or other basis that does not disclose your identity or contact information.
Online Surveys/Contests
From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of
some of our partners, and to contact you when necessary. Supplemental Information
To enhance Bicoastal's ability to tailor this site to your preferences, we may combine information that you provide us on registration and other online sign-up forms with other information about you that we may obtain. We do not share that information with any other party.
Shopping/Commercial Services
This Bicoastal site may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our site offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age). We will use the financial information that you provide to bill you for products and services. By giving our site your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order. We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
Public Forums
This site may make available chat rooms, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
Information Sharing With Third Parties
From time to time we may enter into a special relationship with another company that is not owned by Bicoastal to provide additional features at this site. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity, such as TicketMaster.
You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies. Also, the nature of some features of our site may require that we share personal information about you with persons or companies outside of the Bicoastal family. For example, this may occur at a feature that enables you, via our site, to ask questions of persons or entities that are not part of the Bicoastal family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities. With respect to specific registration modules, like contests, we may disclose personal information collected, and we will post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties. Finally, we may share any of the information collected from you with these other non-Bicoastal companies in an aggregate basis. The
aggregated information is not linked to any information that can identify you.
IP Address and Log Files
We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
Cookies
This Bicoastal site may use a standard technology called a “cookie” to collect information about how you use the site. Cookies reside on your computer and help our website to recognize your computer's browser as a previous visitor. This information allows us to customize delivery of information. For example, our site may use cookies to save and remember registration information or preferences that you may have set while browsing the site, to keep track of your shopping cart, to ensure you don't see the same ad content repeatedly, to deliver content specific to your interests, and to save your password so you don't have to re-enter it each time you visit our site. We use cookies only to gather information as indicated in this policy. In addition, on occasion our site may also set a “session cookie” which helps us administer the site. The session cookie expires when you close your browser and does not retain any information about you after it expires. Finally, we may also use an ad network provider to help present advertisements on this and other Bicoastal Web sites. This ad network provider, like other advertising service vendors, uses cookies, web beacons, or similar technologies on the hard drive of your computer to serve you advertisements tailored to interests you have shown by browsing on this and other sites you have visited, and to determine
whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, the provider collects non-personal data such as your browser type, your operating system, Web pages visited, time of visits, content viewed, ads viewed, and other clickstream data. The use of cookies, web beacons, or similar technologies by these ad network providers is subject to their own privacy policies, not ours. If you do not want the benefits of these advertising cookies, you may opt-out by visiting http://www.networkadvertising.org/optout_nonppii.asp. However, if you
do so you may not receive the full benefit from the use of our site.
Banner Advertising
We
stored by the ad-service or the cookies is treated in the same manner as other information as described in this statement.
Children’s Personal Information
Consistent with the Children’s Online Privacy Protection Act: This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of 13. In the event that a child under the age of 13 attempts to register on
our site, we will NOT accept the registration and will delete information received from the child. In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
Your Choices
This Bicoastal site provides you the opportunity to opt-out of receiving email communications from us and our special relationship partners. To opt-out of receiving email communications, you may:
• Modify your registered user information on our website; or
• Send an email to Bicoastal Online Music & Radio Support.
Please include the web address, call letters or station's name. (Please note that this email address should only be used for specific technical issues related to the website such as unsubscribing from a database. The recipients of these emails will not be able, in general, to answer concerns regarding on-air programming, promotions or other
non-web related issues.)
Access to Personal Information
Bicoastal gives you the opportunity to modify or remove personal information that you have provided to us. You may do so by modifying your password-protected registered user information on our website.
Security of Your Personal Information
Bicoastal employs reasonable security measures consistent with standard industry practice, for information collected through this website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our website. We also use internal
protections to limit access to users' personal information to only those employees who need the information to perform a specific job.
If this site is sold to, or merges with, another company not owned by Bicoastal, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, Bicoastal will seek to obligate the acquiring company to use any personal information transferred by this site in a manner
consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
Legal Process
You should be aware that Bicoastal may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
Contacting the Website
If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you can contact Bicoastal Online Music & Radio Support. Please include the web address, call letters or station's name. Please note that this email address should only be used for specific technical issues related to the
website such as unsubscribing from a database. The recipients of these emails will not be able, in general to answer concerns regarding on-air programming, promotions or other non-web related issues.
Leased Content
Neither Bicoastal nor any third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, unauthenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Either Bicoastal or third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content
partners shall have no liability for investment decisions based on the information provided hereby.
General Information
This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or Bicoastal brings to enforce this
Agreement and/or the Additional Terms, or in connection with any matters related to this Bicoastal Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in San Antonio , Texas . You agree to submit to the personal jurisdiction of the courts of the State of
of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred. If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely
as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and Bicoastal with respect to the use of this Bicoastal Website and shall not be modified except in writing, signed by an authorized representative of Bicoastal.